Determining responsibility for retaining walls

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1 Determining responsibility for retaining walls

Determining Retaining Walls Responsibility Dear resident, Christchurch City Council is contacting property owners around the Port Hills and Lyttelton area, with assistance in determining

2 Determining Retaining Walls Responsibility Dear resident, Christchurch City Council is contacting property owners around the Port Hills and Lyttelton area, with assistance in determining responsibility for retaining walls. Following the earthquakes the Council, along with Stronger Christchurch Infrastructure Rebuild Team (SCIRT), has worked on retaining walls which posed a danger to public safety or blocked public access routes. The next step we are taking is to determine who is responsible for less critical retaining walls. This will give clarity to residents about the responsibility for repairing them and what will happen next. Once we know who has responsibility for a retaining wall, they can then make the necessary arrangements to get on with their reconstruction. Determining responsibility for a retaining wall can be difficult and depends on a number of factors. These include where the wall is built and who benefits from the retaining wall. In cases where the Council is responsible for retaining walls SCIRT will be responsible for their reconstruction and will inform households in the area of the wall(s) well in advance of any construction work. In cases where home owners are responsible for a retaining wall, they will need to work with the Earthquake Commission and their insurer to determine who is responsible for funding the repair work. All construction and repair work needs to have the appropriate regulatory consents before work begins. To assist you with this process please refer to the frequently asked questions section on page of this booklet. You can also view this document online by visiting If you require further information or assistance, please contact the Christchurch City Council Call Centre on or Yours sincerely John Mackie Unit Manager, Transport and Greenspace Christchurch City Council 2 Determining retaining walls responsibility Determining retaining walls responsibility 3

3 Information Scenario Determining responsibility for retaining walls Christchurch City Council is interested in determining who is responsible for retaining walls bordering public roads. Determining who is responsible for a particular retaining wall can be difficult; however, in general, if a retaining wall has been built within the legal boundaries of a road, it will be the responsibility of the Council. However, there are a number of exceptions to this:. A licence to occupy has been issued for a structure, in this case a retaining wall. This is where the Council has given permission for a private asset, such as a retaining wall which supports private property, to occupy space within the legal boundaries of the road. This licence to occupy will specify responsibility for the retaining wall. Retaining walls on the boundary 2. The retaining wall has been built within the legal boundaries of the road, but its purpose is to allow access to private property. The Local Government Act 974 allows the Council to determine which structures situated on legal roads it maintains and to what standard. In the case of retaining walls, bridges over open drains and driveways from the edge of the property to the formed road, the Council s policy is that it does not maintain access to private property. Retaining walls in these situations will be the responsibility of the property owner. 3. The retaining wall has been built within the legal boundaries of the road to increase the area of usable land, but no licence to occupy has been issued. These will be the responsibility of the property owner to repair. This generally occurs where private property has been terraced by in-filling, building or extending an existing wall into the legal road. This may also involve houses, garages or platforms. However, there may be retaining walls in this situation that are the joint responsibility of the Council and the property owner. eing on the property boundary, responsibility is determined by who needed the wall for the construction of structures on their property. The wall above the road is the Council s responsibility as the excavation was necessary for the road. The wall below the road is the private owner s responsibility as the excavation was part of the development of private property. Regardless of the responsibility for the retaining wall and whom it is repaired by, all normal building or resource consents and licences to occupy will be required. There are a number of retaining wall scenarios in existence in Christchurch. In this booklet you will find scenarios that have been used to illustrate how the Council determines responsibility for retaining walls associated with legal roads. Actual retaining walls may differ slightly from those illustrated in this booklet. To view this document online, please go to 4 Determining retaining walls responsibility Determining retaining walls responsibility 5

4 Scenario 2 Retaining walls away from the boundary Scenario 3 Shared responsibility Footpath In cases where retaining walls are built on private property, responsibility sits with the property owner(s). The wall above the road is private as it is on private property. The wall below the road is the Council s responsibility as it is situated within the legal boundaries of the road and supports the road. In cases where infill has been added to develop a property, responsibility sits with the person or party who benefits from the development. In the case of the house above the road in this example, responsibility is shared because the upper part of the retaining wall is needed to support infill used in developing the property. The wall above the road is shared. The Council would build or contribute to the lower section to retain the natural ground section, the upper section and any increased structural requirements to allow the height would be privately funded. The wall below the road would be the Council s responsibility, as fill has been added to allow extra asset space and the whole retaining wall is needed to support the road above. 6 Determining retaining walls responsibility Determining retaining walls responsibility 7

5 Scenario 4a Retaining walls that enable private access (vehicle or pedestrian) Scenario 4b Retaining walls that enable private access (vehicle or pedestrian) Scenario 4a Retaining walls that enable private access (vehicle or pedestrian) Private Access 2 3 Private Access A Private Access A Private Access The retaining walls () directly above and below the road (A) are there for the purpose of enabling/supporting private access they directly benefit the property owner(s). Therefore, they are the responsibility of the property owner(s). The Council does not maintain the private access () even though it may be located in the road reserve. The upper property boundary retaining walls (2) and (3) are there for the purpose of enabling/supporting private access () they directly benefit the property owner(s). Therefore, they are the responsibility of the property owner(s). In some cases, the retaining walls () directly above and below the road (A) may be a shared responsibility between the Council and the property owner(s). This is because the retaining wall above, despite supporting private access, is also required as the result of excavation for the legal road, and the wall below may be supporting fill (generally over 500 millimetres) to increase the road width as per Scenario 3. If the damage that occurs to a retaining wall adjacent to the road is such that it poses a significant risk to road users, the Council will do the necessary work to ensure the public s safety, but this will not take into account any work needed to provide or maintain the private access (). Any Council works will include replacing anything damaged as a result of the repair, an example being a paved driveway. For retaining walls beyond the access points Scenario applies. The upper property boundary retaining wall () is there for the purpose of increasing usable private space. Therefore, it is the responsibility of the property owner(s). The lower property boundary retaining wall (2) is there for the purpose of supporting an excavation and Scenario applies. For sections of retaining wall (3) directly above the road (A) not associated with the property access Scenario applies. For sections of retaining wall (4) directly below the road (A) not associated with the property access Scenario 2 applies. The retaining walls (5) above and below the road that are for the purpose of enabling/supporting the private access () are the responsibility of the property owner(s). This includes sections of existing wall that may have been modified as part of the installation of the access. The Council does not maintain the private access even though it may be located within the legal boundary of the road. If the damage to a retaining wall adjacent to the road is such that it poses a significant risk to road users, the Council will do the necessary work to ensure the public s safety, but this will not take into account any work needed to provide or maintain the private access. Any Council works will include replacing anything damaged as a result of the repair, an example being a paved driveway. 8 Determining retaining walls responsibility Determining retaining walls responsibility 9

6 Scenario 5 Retaining walls within the legal boundaries of the road Retaining wall responsibility frequently asked questions. What help or support is available to me? Please contact Christchurch City Council Customer Call Centre on or Further support information available to residents can be found on page 4 and 5 of this booklet. 2. When is a retaining wall needed? A retaining wall is used where there is not enough space for a natural slope. 3. How does a retaining wall work? A retaining wall has to be designed to withstand the load behind it. In simple terms, a retaining wall has two loads acting on it a vertical load such as property, and a horizontal load from the weight of the soil behind the wall. Walls within the legal boundaries of the road are on public property. If they do not benefit private parties they are the sole responsibility of the Council and the Council will repair them. oth walls are within the legal road boundaries and have no private benefit, and are therefore the Council s responsibility. The land above the upper wall has not been altered and the wall is to retain the road excavation. The lower wall is well within the legal road and no excavation has been done below the road. 4. What effects do earthquakes have on a retaining wall? Earthquakes place additional horizontal load on a retaining wall. In an earthquake the wall and the soil behind a wall moves horizontally back and forth. When the shaking stops, the wall comes to rest (i.e. stops moving) at a different time from the soil or load behind it. In simple terms the soil and the wall act as separate elements. If the horizontal load then exceeds the design capacity of the wall, it can fail (i.e. collapse in part or full). 5. If my wall is the responsibility of the Council, when will it be fixed? SCIRT has prioritised the repair of retaining walls that have impacts on roads, underground services such as wastewater and water supply, or have a risk of failure that could cause public safety or access issues. Nearby residents and property owners will be advised well in advance of any work to rebuild a wall. You can also keep an eye on the SCIRT website ( for SCIRT s schedule of works, which set out the broad timeframes for the rebuilding of infrastructure throughout the city. 0 Determining retaining walls responsibility Determining retaining walls responsibility

7 6. If my wall is on public property, who will fix it? The five SCIRT Delivery Teams will rebuild the walls: City Care, Downer, Fulton Hogan, McConnell Dowell and Fletcher. In general, work in Lyttelton will be undertaken by City Care and Fulton Hogan; work in other areas of the Port Hills will be undertaken by Downer, McConnell Dowell and Fletcher. This will enable the Delivery Teams to establish themselves in the community and develop strong relationships. It will also minimise the number of laydown sites needed throughout the Port Hills. 7. I have private property (e.g. a garage) attached to a retaining wall that is on public property. What will happen to this when the wall is repaired? During the design process SCIRT will undertake a site visit and investigations to identify any services, utilities and structures potentially affected by the retaining wall rebuild. We will be able to discuss any issues regarding these with you once we know the design of the wall. Each wall is unique and will be dealt with according to its individual circumstances. 8. What retaining walls are under construction on public property? All SCIRT works underway are listed on the website at govt.nz (search for retaining walls ).. The Council is responsible for a retaining wall in poor repair on/near my property. Can you prioritise its repair? SCIRT is only repairing earthquake-related damage. It is important that SCIRT consistently follows the prioritisation process put in place for the rebuild as this is in the best interests of the people of Christchurch. If a wall is deteriorating and poses a safety risk, please contact Christchurch City Council who will organise for temporary stabilisation until the permanent repair can occur. 2. I can t move back into my house until a retaining wall that is the responsibility of the Council is fixed, so will my wall be prioritised? Higher priority will be given to those walls that pose risk to public safety, access, protection of services and properties. 3. If my wall is some way off being rebuilt, will you do any temporary or maintenance works? If the wall is deteriorating and poses a safety risk, please contact Christchurch City Council who will organise for temporary stabilisation under its maintenance contracts until the permanent repair can occur. In most cases, once the retaining wall is repaired, and all safety issues resolved, the road will be reopened. 9. How long will it take to rebuild all the retaining walls situated on public property? The SCIRT programme of works, including retaining walls, is expected to take around five years to complete. 0. How long does it take to rebuild a retaining wall? Each wall is unique and construction times will vary depending on a number of factors such as access to the site, ground conditions, the height of the wall and services behind the wall e.g. water, wastewater, utilities. Some complex walls may take up to one year to rebuild, while others will be finished in a few months. 2 Determining retaining walls responsibility Determining retaining walls responsibility 3

8 Support information Christchurch City Council This booklet can be viewed online at or Personal Support Canterbury Support Line and click Canterbury earthquake support and assistance in the quick-links or (Available between the hours of 9am and pm, 7 days a week) Residential Advisory Service The Residential Advisory Service provides free independent assistance to residential property owners info@advisory.org.nz or EQC EQC Insert Guide to settlement of Canterbury Flat Land Claims in the search box. EQC After you make a claim info@eqc.govt.nz 0800 DAMAGE ( ) Financial Support Red Cross Pack and Move/Storage Grants Renters, Homeowners and Independent Advice Grant applications forms are available on this webpage. outreach@redcross.org.nz eqgrants@redcross.org.nz 0800 REDCROSS ( ) CERA CERA info@cera.govt.nz 0800 RING CERA ( ) Disclaimer Disclaimer - Please note that the preparation and provision of the above information has been made in good faith. However, the Christchurch City Council ( Council ) makes no representation and provides no warranty, express or implied, regarding the accuracy, adequacy, reasonableness or completeness of this information, the assumptions or analysis contained or referred to in it or in any supplemental materials. The Council disclaims all liability and responsibility (including, without limitation, any liability arising from fault or negligence on the part of the Council) for any direct or indirect loss or damage which may be suffered by any recipient of this information or any supplemental materials, through use of or reliance on or in connection with anything contained in, or omitted from, such information or materials, to the maximum extent permitted by law. Any person wishing to rely on this information is advised to seek such independent advice as may be necessary. 4 Determining retaining walls responsibility Determining retaining walls responsibility 5

9 February 204 Transport and Greenspace Unit. City Environment 53 Hereford Street, Christchurch 80 PO ox 7304, Christchurch 854 Telephone Or visit our website:

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